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AB-2385 Market Match Nutrition Incentive Program.(2013-2014)

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Amended  IN  Assembly  April 08, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 2385


Introduced by Assembly Member Ting

February 21, 2014


An act to amend Section 38083 of the Education Code, relating to school nutrition. add Article 6 (commencing with Section 510) to Chapter 3 of Part 1 of Division 1 of the Food and Agricultural Code, relating to food and agriculture.


LEGISLATIVE COUNSEL'S DIGEST


AB 2385, as amended, Ting. School nutrition: cafeterias. Market Match Nutrition Incentive Program.
Existing law establishes the Department of Food and Agriculture, which is tasked with, among other things, promoting and protecting the agricultural industry of the state, and seeking to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber to benefit the general welfare and economy of the state.
This bill would establish the Market Match Nutrition Incentive Program in the department, and would create the Market Match Nutrition Incentive Account in the Department of Food and Agriculture Fund to collect matching funds received from a specified federal grant program used to provide grants under the Market Match Nutrition Incentive Program and to administer the Market Match Nutrition Incentive Program in accordance with specified requirements. The bill would require the department to establish minimum standards, funding schedules, and procedures for awarding grants, as specified, and would require the department to award grants to qualified entities, as defined, in accordance with certain priorities.

Existing law authorizes the governing board of any school district to establish cafeterias in the schools under its jurisdiction. Existing law authorizes a school district to purchase perishable foodstuffs and seasonal commodities needed in the operation of cafeterias, as specified.

This bill would authorize the purchase of perishable foodstuffs and seasonal commodities needed in the operation of cafeterias to be given preference by the school district, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6 (commencing with Section 510) is added to Chapter 3 of Part 1 of Division 1 of the Food and Agricultural Code, to read:
Article  6. Market Match Nutrition Incentive Program

510.
 (a) The Market Match Nutrition Incentive Program is hereby established in the department for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients.
(b) It is the intent of the Legislature in establishing the Market Match Nutrition Incentive Program to double the purchasing value of the nutrition assistance received by nutrition benefit clients when purchasing fresh fruits, nuts, and vegetables from authorized vendors operating in conjunction with qualified entities.

511.
 For purposes of this article, the following definitions shall apply:
(a) “Nutrition benefit client” means a person who receives services or payments through any of the following:
(1) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code.
(2) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314).
(3) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code.
(4) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 et seq. of Title 42 of the United States Code.
(b) “Qualified entity” means a certified farmers’ market, as described in Section 47004, an association of certified producers, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020.

512.
 The Market Match Nutrition Incentive Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentives Grant Program (7 U.S.C. Sec. 7517) used to provide grants under the Market Match Nutrition Incentive Program and to administer the Market Match Nutrition Incentive Program in accordance with all of the following:
(a) Subject to the adoption of regulations by the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79) and an appropriation in the annual Budget Act, moneys in the Market Match Nutrition Incentive Account shall be awarded in the form of grants to qualified entities for market match programs.
(b) The department shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders including, but not limited to, the California Health and Human Services Agency, organizations with expertise in nutrition benefit programs, and certified farmers’ market operators.
(c) Priority in the awarding of grants to qualified entities shall be based on, but not limited to, the degree of the existence of the following demographic conditions and the character of the communities in which direct sales of fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity:
(1) The number of people who are eligible for, or receiving, nutrition benefit program services.
(2) The prevalence of diabetes, obesity, and other diet-related illnesses.
(3) The availability of access to fresh fruits, nuts, and vegetables.
(4) The qualified entities with the greatest efficiencies in the administration of a market match program.

SECTION 1.Section 38083 of the Education Code is amended to read:
38083.

Perishable foodstuffs and seasonal commodities needed in the operation of cafeterias may be purchased and given preference by the school district in accordance with rules and regulations for the purchases and preferences adopted by the governing board of the school district notwithstanding any provisions of this code in conflict with those rules and regulations.